Strengthening the Implementation and Enforcement of the Prevention of Sexual Harassment Act
The Prevention of Sexual Harassment (POSH) Act, enacted in India in 2013, aims to ensure a secure and harassment-free workplace for women. However, the Act faces significant challenges in its implementation and compliance, particularly in Tier II and Tier III cities.
One of the primary issues is the patchy implementation of Internal Complaints Committees (ICCs), which are mandatory for workplaces with ten or more employees. In many smaller organisations common in Tier II/III cities, ICCs are often symbolic, with poor structure and untrained members, leading to ineffective redressal of complaints.
Another key challenge is the lack of awareness and training about the POSH Act. Many smaller employers and employees remain unaware of their obligations and rights under the Act, compounded by the absence of regular training and sensitization programs.
Cultural and social stigma also plays a significant role in hindering the effective functioning of the Act. Patriarchal norms and cultural taboos around discussing sexual harassment discourage victims from reporting incidents, especially in smaller towns where community pressures are stronger.
Confidentiality and power imbalance issues also pose a significant challenge. ICCs sometimes fail to maintain strict confidentiality, and workplace hierarchies intimidate victims, reducing willingness to file complaints and challenging impartial inquiry.
Inter-ministerial coordination issues also hinder the effective implementation of the Act. The Women and Child Development Ministry oversees the POSH Act, while employers fall under the Labour and Industries Ministries, resulting in poor monitoring, accountability, and enforcement on the ground.
Limited monitoring and data analysis, particularly in smaller cities, also prevent assessing compliance levels or developing targeted interventions. There is a “black hole” in data collection and monitoring, which hinders the progress in addressing the issues.
Together, these factors mean that while the POSH Act provides a solid legal framework, its impact in Tier II and Tier III cities is curtailed by institutional inefficiencies, social resistance, and resource constraints. Urgent systemic reforms and awareness programs tailored to smaller cities are necessary to ensure the Act's effectiveness and to create a safe and secure working environment for women in these areas.
References:
[1] National Commission for Women (NCW) Report, 2020. [2] Indian Journal of Gender Studies, Vol. 27, Issue 3, 2020. [3] Labour and Employment Review, Vol. 31, Issue 2, 2021.
- The implementation and compliance of the POSH Act, particularly in Tier II and Tier III cities, are hampered by the ineffective structure and lack of training of Internal Complaints Committees (ICCs) in many smaller organizations.
- Cultural taboos and social stigma around discussing sexual harassment, along with powerful workplace hierarchies, discourage victims from reporting incidents, especially in smaller towns, thus hindering the effective functioning of the POSH Act.
- The inability to maintain strict confidentiality and the impediment of power imbalances within businesses can dissuade victims from filing complaints and make it challenging for impartial inquiries to take place.
- Addressing the issues faced by the POSH Act in Tier II and Tier III cities necessitates urgent systemic reforms, tailored awareness programs, and dedicated resources to improve the efficiency of ICCs, enhance employee and employer awareness of the Act, and create a safe and secure working environment for women.
- Limited monitoring and data analysis, especially in smaller cities, pose a significant obstacle to ascertaining compliance levels or developing targeted strategies to canvass the issues outlined in the General News, including Crime and Justice, Men's Health, Women's Health, Mental Health, Sexual Health, Workplace-Wellness, Health and Wellness, and Medical-Conditions.
